'Issues' with surveyor

[BAtoo]

I wonder whether the YDSA is any different/better?

Unfortunately, it is the injured party who has to pay up front to make a claim. If you get a CCJ against him for £10k, you will be able to send the bailiffs in, which will make life difficult for him, if nothing else.

Some years ago now I had what seemed to be a claim against a surveyor. I too wrote to him, several times, got the stonewall approach, wrote/spoke to YBDSA who were sympathetic at best and toothless in reality, got my solicitor friend involved who wrote letters too.....

All in all got nowhere & he always point blank refused to put me in contact with his insurers...

Eventually I gave up.

As for court, yes you may get a judgement against him but its then up to YOU to chase the payments. Sending the bailiffs in is another event, quite costly (to you initially) and not always effective. Your best hope is that the CCJ papers frighten him into action.

Good luck.

 

[David2452]

One lesson to take away from this is to ask for sight of a PLI cert before any important (or even small for that matter) works or services are carried out on your boat, not only are you then certain there is some but who it is with for any future reference. I doubt any insurer would actually deal direct but would damn soon contact the insured for an explanation which might swing them into action.

 

[richardsn9]

Boat legal cover

One thought......
Have you got legal cover on your own insurance (if you have insurance!)? If you have then it may be worth bringing that into play. It will concentrate his mind if he believes that you have an insurance company behind you.

I had a similar issue with a surveyor when the boat's bottom showed up blisters within two months of purchase. My first thought was to use my legal cover which comes with my policy. However, as the pre-purchase survey was carried out BEFORE the policy was taken out, as you would expect, it was not covered. Looked into various options, but osmosis is such a confused and technical area it would have meant various technical witnesses, smokescreens etc so eventually gave up.
The most annoying part of the whole business was the comment from the surveyor: 'I have never had to claim on my PI insurance, and I am not starting now...' which summed up his whole attitude.

 

[Neil_Y]

As far as I understand it (I looked into joining the YDSA in the past when I worked as surveyor / re fit project manager) these organisations are trade associations that represent the interests of their members, seeing as they are funded by these members that would make sense. They are their own judge and jury when it comes to deciding who should be a member and who should not.

As a customer I always try to use personal recommendation rather than any trade body membership as a guide to a companies/individuals abilities.
I've used http://www.mecal.co.uk/ should you need a second opinion, who I don't think are members of any trade body? they don't seem to promote it on their website.

 

[Steve Clayton]

Some years ago now I had what seemed to be a claim against a surveyor. I too wrote to him, several times, got the stonewall approach, wrote/spoke to YBDSA who were sympathetic at best and toothless in reality, got my solicitor friend involved who wrote letters too.....

All in all got nowhere & he always point blank refused to put me in contact with his insurers...

Eventually I gave up.

As for court, yes you may get a judgement against him but its then up to YOU to chase the payments. Sending the bailiffs in is another event, quite costly (to you initially) and not always effective. Your best hope is that the CCJ papers frighten him into action.

Good luck.

What would I do in your situation?????

NAME & SHAME

 

[gjgm]

Hello all

Some of you may recall that a couple of months ago I or rather the boatyard where am having repairs done discovered serious problems with a pre purchase, condition and valuation survey that I had commissioned prior to the purchase of my current boat. Many of you, including some surveyors were extremely helpful and I took and applied the advice given in some cases using the exact wording offered. I have also been in contact with the CEO of his professional body who was surprisingly helpful and again I followed his advice to the letter. The last contact with the surveyor was a formal letter of complaint together with a request to pass it on to his Personal Indemnity Insurers and to inform me who they were so that a claim on his insurance could be commenced (he has rejected all infomal approaches). The letter laid out the terms of my complaints and used wording dictated by the CEO. I have also taken some telephone advice from Hannah Cash the well known Yachting solicitor who was absolutely brilliant and was free!. The surveyor has now replied within the time laid down but has not provided any information regarding his PI insurance, he just printed up and mailed his last rebuttle email. I have spoken with the CEO again and he just said it was a "shame" but they seem to have nothing more to add than tea and sympathy and don't seem to have any ability to force the issue. What do I do now? court or break his legs?
My biggest problem is that whilst it is difficult for me it is extremely aggravating to the boat yard who have been fantastic but now the half completed boat is getting their way. No wonder the surveyor claims on his web site that he has never had a PI claim!

So how much do you think you are out of pocket, and would you have to prove negligence by the surveyor?

 

[clyst]

What would I do in your situation?????

NAME & SHAME

Absolutely +1

 

[colind3782]

It strikes me that some professionals would be a bit more conscientious in their duties if they knew that their name would be circulated on the internet and losing them business.

However, the internet is a funny place and people often say things they wouldn't say to your face or, more importantly, in a Court of law. Any negative comments made here MUST be provably factual or the contributor would be open to litigation.

 

[rivonia]

Some years ago now I had what seemed to be a claim against a surveyor. I too wrote to him, several times, got the stonewall approach, wrote/spoke to YBDSA who were sympathetic at best and toothless in reality, got my solicitor friend involved who wrote letters too.....

All in all got nowhere & he always point blank refused to put me in contact with his insurers...

Eventually I gave up.

As for court, yes you may get a judgement against him but its then up to YOU to chase the payments. Sending the bailiffs in is another event, quite costly (to you initially) and not always effective. Your best hope is that the CCJ papers frighten him into action.

Good luck.

Sending in the BAILIFFS would be the best as they take legal possesion of his possesions including his Harley and auction them off they take off there costs and you are then paid out.

Peter

 

[greenalien]

If you are succesful in your county court claim, and the disputed amount isn't paid, then provided the amount is greater than £600, you can then refer it to the High court - if judgement is subsequently given in your favour, you can send in the Sheriffs, who have much greater powers than Bailiffs.

 

[ianj99]

Some years ago now I had what seemed to be a claim against a surveyor. I too wrote to him, several times, got the stonewall approach, wrote/spoke to YBDSA who were sympathetic at best and toothless in reality, got my solicitor friend involved who wrote letters too.....

All in all got nowhere & he always point blank refused to put me in contact with his insurers...

Eventually I gave up.

As for court, yes you may get a judgement against him but its then up to YOU to chase the payments. Sending the bailiffs in is another event, quite costly (to you initially) and not always effective. Your best hope is that the CCJ papers frighten him into action.

Good luck.

It costs just £60 to move a judgement upto the High Court for the High Court's Sheriffs to get involved. They have more power than the police (& lesser courts bailiffs) to enter premises and place a 'walking possession order' on goods to the value of the claim (this includes all the costs and their fees) or collect the monies owed there and then. It matters not whether its a limited company or individual, if you have got a ccj against them, you can ask the High Court to enforce it by simply filling in the form and paying the fee.

Don't give up, just regards the ccj as the next step not the final one.

wikipedia states:

Unlike a County Court Bailiff, who is a civil servant, an HCEO is an Agent of the High Court appointed by the Lord Chancellor. In order to appoint an HCEO, the County Court judgment is transferred to the High Court and a writ of fieri facias is issued (this will be called a writ of control once the Tribunals, Courts and Enforcement Act 2007 Part 3[1] comes fully into force). The debt must be over £600 and it cannot be one where judgment has been obtained for a debt owed under the Consumer Credit Act 1974.

HCEOs are authorised to operate throughout England and Wales.

Once the writ is awarded, the HCEO will attend the judgment debtor's premises to seize goods to sell at auction to recover the amount owed. The judgment debtor can avoid the removal and sale of assets by either paying in full or agreeing a repayment plan. The assets will remain seized and the property of the court, normally left in situ under a Walking Possession Agreement, until the debt is fully cleared. Any proposed repayment schedule will have to be agreed by the claimant. Should the judgment debtor subsequently default on a payment, the claimant can instruct the HCEO to attend to remove and sell the seized assets.

 

[Wino]

You mention that he may be a Limited Company. If so look for advice re. "A Winding Up Order" - which gives him so many days to pay you, or his company is 'wound up' and all its assets seized, and you get the first bite.
But whatever steps you intend taking, do it NOW as my experience has proved that if someone cannot/or will not pay or even speak with you it is more than likely that you are one of many chasing him.
Best of luck!
Roj. M.

 

[Heckler]

With respect: You have got so far and you need to pay this £210 in fees. Rather than resenting having to pay it you should realise that this is a pittance if it brings you a successful conclusion. The moment you have paid the £210 you notify the Professional Body that you have started proceedings.
As regards a Ltd Co issue, presumably you have no knowledge of him being a Ltd Co, your payment to him was presumably to a private individual t/a (his trading name)

I had a shyster who didnt pay me, was about a grand. He was ignoring me. I did a small claims court thing. He phone me most indignant, and then said any way the limited company is insolvent, Ive stopped using it. I said, well arsewipe, you gave me a biz card when we first started dealing, there was no memtion of limited companies on it, if you have a look at the invoices I sent they were all to you personally, you never queried them, and if you look closer at the summons it is against you personally! So you will,have the CCJ against your name!
He coughed straight away!
Result!
Stu

 

[Heckler]

It costs just £60 to move a judgement upto the High Court for the High Court's Sheriffs to get involved. They have more power than the police (& lesser courts bailiffs) to enter premises and place a 'walking possession order' on goods to the value of the claim (this includes all the costs and their fees) or collect the monies owed there and then. It matters not whether its a limited company or individual, if you have got a ccj against them, you can ask the High Court to enforce it by simply filling in the form and paying the fee.

Don't give up, just regards the ccj as the next step not the final one.

wikipedia states:

Unlike a County Court Bailiff, who is a civil servant, an HCEO is an Agent of the High Court appointed by the Lord Chancellor. In order to appoint an HCEO, the County Court judgment is transferred to the High Court and a writ of fieri facias is issued (this will be called a writ of control once the Tribunals, Courts and Enforcement Act 2007 Part 3[1] comes fully into force). The debt must be over £600 and it cannot be one where judgment has been obtained for a debt owed under the Consumer Credit Act 1974.

HCEOs are authorised to operate throughout England and Wales.

Once the writ is awarded, the HCEO will attend the judgment debtor's premises to seize goods to sell at auction to recover the amount owed. The judgment debtor can avoid the removal and sale of assets by either paying in full or agreeing a repayment plan. The assets will remain seized and the property of the court, normally left in situ under a Walking Possession Agreement, until the debt is fully cleared. Any proposed repayment schedule will have to be agreed by the claimant. Should the judgment debtor subsequently default on a payment, the claimant can instruct the HCEO to attend to remove and sell the seized assets.

I also did one of these a few years ago, He was a real bad un, but it worked, got his attention real quick!
Stu

 

[oldgit]

Absolutely +1

Probably not good idea at this point.
Just suppose the case is not proved ?

 

[rhumlady]

Is he by chance a member of RINA? If so get in touch with the Chief Executive and I think you may find he will help. My son is a Naval Architect and gets all sorts of bumff through the door. I saw a few years ago a warning to the membership that they would not tolerate such behaviour from members of a professional organisation. Good luck and stick at it.

 

[Shuggy]

This isn't going to help you with your current problems, but in 2006 I bought a wooden motorsailer from Walton-on-the-Naze and had her surveyed by a relatively local surveyor. I had viewed her briefly and liked her but did not know enough (anything much!) about wooden boats so I was relying on him to let me know what the issues were. He gave her a clean bill of health bar adding some extra ballast and replacing a piece of mahogany in the wheelhouse, plus the usual guff about fire extinguishers and labels. Half way home on the delivery trip (some 700 miles) a redundant diesel tank ruptured and its 20 gallon contents emptied into the bilge. He hadn't spotted there was a redundant 40 gallon tank (to be fair, neither had I - but that's what I was paying him for, and I'd only had a 1 hour viewing with the owner). Shortly afterwards the manual anchor windlass fell out of the foredeck, which turned out to be a soggy mass of rot under the plywood covering. So much so that I could push my finger all the way through it from the inside of the anchor locker. He hadn't spotted that either. There were two other fundamental issues that I then spotted in subsequent seasons, now knowing a bit more about boats. I wouldn't trust the man to survey a plastic bath toy... I could't be bothered to take it up with him (life's too short and his survey was caveated with all the usual wording about access etc etc) as I did all the repairs myself but I do wonder what on earth the value of the survey was. Wonder if it's the same surveyor - you seem to be in the same general area.

 

[Paddingtonbear]

My boat is indeed at Walton on the Naze but I moved it, by sea!!!!, from the Broads so it is unlikely to be the same idiot. My experience is almost identical to yours with one very major difference, he said specifically the apron was "good and sound" when in fact it was rotten as a pear and what is worse the boatyard, who discovered this, said it would have been impossible for him to have seen it. The surveyor had also surveyed the vessel in 2006 for the previous owner and my survey was largely cut and paste from this including all the same errors of fact and also including needed repairs that the previous owner subsequently has had completed. There seems to be a very major problem with surveyors in general if those people who have pm'd me are any thing to go by and don't even start me off on house surveyors. I have bought 6 boats in the last 10 years (I still have 3) and this is the only one that I have had surveyed if that is what you call it. The advice on here has been largely great but the checks suggested are naive in the extreme, check PI insurance (he showed me a certificate but looks like it was forged), contact his 'professional' body( I have been in almost permanent contact but to very little avail, nice people but a bit of a protection racket), go by recommendation ( I did this the best I could and even now have been pm'd by a fellow surveyor to say he was surprised) but it is often the case that the boats are remote from ones local support infrastructure. It certainly was in our case !. Perhaps the question to be asked is what is the point in having a boat surveyed ? apart from the requirement of those other members of the mafia - insurers